System Improvement On The Third Party's Application For Retrial

The third party's application for retrial system is one of the indispensable means of protecting the legitimate rights and interests of third parties.However,there are defects in the system.For example,it fails to clarify the legal status of the outsiders and justify the requirements the third party's application for retrial has to meet,which re-harms the original judgment document and the litigant.Also,it wastes limited judicial resources,and even damages the people's sincere belief in legal authority.In this case,it is particularly important to explore how to improve the third party's application for retrial system.As the retrial system is highly complex and contains various special rules,relevant parties often find procedures difficult.Moreover,the third-party opposition procedure,a new article of Peopl?'s Prosecution Law,repeatedly raises theoretical dispute over the abolishment of the two similar systems.Therefore,this paper is aimed at drawing advanced legislative experience from overseas similar systems,based on specific cases of judicial practice,thereby putting forward advices to improve the third party's application for retrial system from perspectives of legislation,judiciary,and law enforcement.Also,due attention should be paid to preventing malicious third parties from using the lawsuit to cover up illegal purposes,and efforts should be made to maintaining judicial credibility by "making justice visible,in every civil case.The full paper is divided into four parts:The first part is about the origin of and amendments to the third party's application for retrial system in China.It compares other third-party relief mechanisls in China,such as the third-party opposition procedure and the outsider's execution objection lawsuit.It analyzes and summarizes the advantages and disadvantages of each system,thereby confirming the value and necessity of the third party's application for retrial system,based on clarifying the protection mechanism of the third party's rights and interests in China.The second part is about the extraterritorial investigation and enlightenment of the third party's application for retrial system.As the third party's application for retrial system started late in China,the regulations of similar systems of France,Japan and China Taiwan with mature legislation experience are selected for analysis,in order to examine the development prospects of the system more comprehensively and objectively.In doing so,it helps China to draw valuable experience and enlightens China in the next revision of the People,s Prosecution Law.The third part is about defects in the third party's application for retrial system.Based on the civil judgments randomly selected in recent years,defects in the third party's application for retrial system become more visible.For example,the guiding concept is vague;the retrial and review subjects have legislative defects;the time limit for and the level of the third party's application for retrial is irrational;there is a lack of organized connection between the third-party opposition procedure and judicial mediation.All make the judicial system less efficient.The fourth part is about concrete advices to improve the third party's application for retrial system.As the emergence and development of each system are peculiarly charming,they cannot be easily denied or replaced in haste.Otherwise,it hinders the long-term development of the system.On the contrary,the guiding ideology should be based on science and reason;the legal status of the outsiders should be clarified as soon as possible;the independent filing procedure should be re-established according to the characteristics of the system;the legal reasons and scope of the application should be rationally regulated.Moreover,the regulations and trial rules should be optimized;the relationship between the third party's application for retrial system,the third-party opposition procedure,and judicial mediation should be properly handled.